What is an Uncontested Divorce?


Kendall County Uncontested Divorce Law Firm

When a couple goes through an uncontested divorce, they decide to reach an agreement on the main issues of the divorce instead of disputing them in court. The parties may agree on issues such as shared custody, child support, spousal support, division of property, division or debts and other liabilities, and other financial distributions. Once the parties can agree on the more important terms, they may affectively avoid disputing them in court. Additionally, an uncontested divorce can typically save both parties money and time, as well as provides a better opportunity for an amicable final separation. The uncontested divorce process is typically the simplest option for couples who do not have children, are financially self-sufficient, and do not have any substantial assets or liabilities. Although the chances of a completely disagreement-free divorce are slim, keeping the disagreements to a minimum will help avoid the chances the parties end up disputing in court.

Although an uncontested divorce is a desirable option for many couples, for some, it is impractical. For parties with minor children, multiple properties, significant differences in earning capacity, or substantial debts or assets, a contested divorce involving the court may be the only option, however working out disagreements beforehand may lessen the inconvenience. An uncontested divorce is a good option for those couples with less complicated circumstances.


Skilled and Experienced Kendall County Uncontested Divorce Law Firm

Important Steps in the Divorce Process

One of the most important beginning steps of the divorce process is to decide is you and your significant other are able to agree on the major terms of the divorce. If the answer is yes, an uncontested divorce is a time and money saving option for both parties. If the couple is not able to agree on the major terms, the Petitioner will file for a petition for dissolution of marriage. In this petition, the petitioner will state the terms they are seeking, such as maintenance, custody, division of property, etc. Once the appropriate documents are filed with the court, the Respondent will be notified of the lawsuit filed against them. At this point the Respondent will have to decide if they

would like to file an answer to the petition, or to disregard and let the judge decide the terms of the divorce without hearing from the side of the Respondent. If the Respondent chooses to respond to the filed petition, they will have 30 days to do so. At this point, financials are typically disclosed, and each party will declare their liabilities and assets. The petitioner, respondent, and the judge will then work to reach an agreement and finalize the divorce, at which time a judgment for dissolution for marriage is entered.


Divorce Attorney Serving Yorkville, Oswego, Plano, Plainfield, and Kendall County IL

Consulting an experienced attorney is an essential step, even in the simplest of divorce cases. It is important to not only understand the implications of the lawsuit, but how to properly communicate with your spouse to ensure to best outcome. Regardless of whether you are the petitioner or the respondent, the legal provisions of divorce proceedings are complicated and  life altering. The attorneys at Gateville Law Firm are experienced in the areas of contested and uncontested divorces. As your attorney, our job is to protect your rights and interests, while facilitating effective communication with your spouse and the court. We are happy to set-up a Zoom, Telephone, and/or in-person appointment to discuss your guardianship concerns.  Reach us today at 630-780-1034 or via email at

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